VENKATASAMI NAICKEN Vs. RAMANTHAN CHETTIAR

JUDGEMENT

(1.) UNDER the judgment of the Privy Council in Umeschunder Sircar V/s. Zahur Fatima 18 C. 164 : 17 I.A. 201 the plaintiffs are entitled to interest calculated according to the mortgage deed and not according to the decree. The case of Ganga Das Bhattar V/s. Jogendranath Mitra 5 C.L.J. 315 : 11 C.W.N. 403 relied upon by the District Judge, has been dissented from in Thenappa Chettiar V/s. Marimuthu Nadan 31 M. 258 : M.L.J. 344 : 4 M.L.T. 293 which follows Umeschunder Sircar V/s. Zahur Fatima 18 C. 164 : 17 I.A. 201. We must, therefore, ask the District Judge to find on this basis, the proportionate amount which plaint item No. 4 is liable to contribute.

(2.) THE finding should be submitted with in four weeks from the date of this order and seven days will be allowed for filing objection.